Content Submission Agreement

Last Updated: 10/1/2024

The Archive is provided by Creative West (formerly WESTAF), a Colorado nonprofit corporation, which is located at 1536 Wynkoop St, Suite 522, Denver, CO 80202, United States. The Archive is presently published online at https://publicartarchive.org.

Your submission, including past submissions, of content to Creative West for inclusion in the Archive will indicate your assent to all of the terms and conditions of this agreement between you and Creative West. Please read this agreement carefully if you intend to submit content to Creative West.

The following definitions apply to terms used in this Agreement:

• “Agreement” means this Content Submission Agreement, Creative West’s General Terms of Service published at https://wearecreativewest.org/terms-conditions/ and Privacy Policy published at https://wearecreativewest.org/privacy-policy/ and the Specific Terms of Use for Creative West’s Public Art Archive™ Service (the “Specific Terms of Use”) published at https://explore.publicartarchive.org/terms-of-use/.
• “Archive Partners” are partners that enter into an agreement with Creative West for use of Archive content for educational purposes.
• “Artwork” means any work of art, including, but not limited to, pictorial, graphic, sculptural and other works of visual art, that are depicted in or are otherwise the subject of content.
• “Content” means images, text, files, drawings, graphics, illustrations, articles, information, data, maps, audio, video, photographs, and other materials depicting, describing or otherwise relating to a work of art, the creation or commission of works of art or artists as the creators of works of art.
• “You” and “your” means the person submitting content to Creative West, except if that person is acting on behalf of another person or entity, it refers to that other person or entity.

By submitting content to the Archive, you agree to the following:

• You are the copyright holder of the content or have permission of the copyright holder of the content to authorize it to be included in and published as part of the Archive under the terms of this agreement.
• You have accurately and completely provided Creative West with the name and a valid URL address of the person who is the copyright holder of the content and artwork.
• You understand that all content submitted for inclusion is vetted to determine if it meets the Archive’s criteria; Creative reserves the right not to publish any content for any reason.
• Creative West and Public Art Archive management know that Creative West does not own the content that is submitted to the Archive and understand that the owner of the content retains all copyrights in content.
• Creative West claims the right of fair use and does not waive any rights it may have or acquire with respect to the artwork depicted in content submitted. Except for the copyrights in submitted content and the artwork depicted in that content, Creative West claims all copyrights in the Archive, including the various collections, arrangements, assembly, and other compilations of content and the Archive’s standards related to them. Creative West is the owner of and sole curator of the Archive.
• At the request of Creative West, you agree to use your reasonable efforts to obtain written permissions from the holders of any rights or underlying rights to or in your content, including the images, and the artwork depicted in that content in a manner consistent with the terms and license of this agreement. The form of such permissions will be subject to Creative West’s advance approval. You shall promptly furnish Creative West with copies of all signed and executed permissions form.
• You are granting Creative West the rights to use the content as set forth in the “License Rights” section of this agreement.
• This agreement is between you and Creative West and cannot be transferred by you to anyone else. Creative West may transfer this agreement and its rights under it to any successor to its business in the Archive. Any edits or changes to this agreement need to be made in writing and accepted by you and Creative West.

The purpose of the Archive and the collection of the Archive’s content is to develop, promote, and support the arts and culture through arts and culture education and instruction; art and culture scholarship, scholarly publication, and research; the preservation, archiving, and cataloguing of art and cultural artifacts; and publication of the Archive’s content to enhance the public’s use and understanding of and relationship with art and cultural artifacts (the “educational purposes”).

You grant to Creative West a non-exclusive, limited, perpetual, irrevocable, worldwide, free of all charges, transferable license to use your content for educational purposes on the terms set forth in this “License Rights” section (the “license”). The rights granted under the license are:

• to copy, publish, publicly perform, publicly display, and distribute the content;
• to adapt, modify, and translate content and to create derivative works of content:
  • (i) consisting of images for formatting and interface purposes, including for incorporating small-sized images along with related cataloging and texts (“Thumbnail Images”) and then to publish, publicly perform, publicly display, and distribute such Thumbnail Images; and
  • (ii) so that the content meets publication criteria and to otherwise comply with standard image resolutions, standard nomenclature, and other technical standards to maximize search efficiency and data compatibility across databases;
• to store, transmit, and distribute the content on servers and over various public networks and in various media and to make such changes to images and other content as are necessary to conform and adapt them to the technical requirements of connecting networks, devices, services or media;
• to do any of the foregoing in any form, medium, size, format or resolution, including, but not limited to, electronic, Internet, wireless, print, video, film and television and those media and technologies now existing or later devised (and, if published on the Internet or analogous future media, on both restricted and unrestricted websites and locations and on websites of web-indexing services and in other electronic media to improve search results and functionality); and
• to sublicense all of the foregoing rights.

The rights granted under the license allow the following uses of content:

• to create, maintain, publish, and distribute, in whole or in part and in any form, an archive of public art for educational purposes and all uses incidental to the foregoing, including uses by the general public;
• to display, publish, and distribute content and Thumbnail Images to promote any licensed use of the content, including, but not limited to, promoting the Archive;
• any other use for educational purposes; and
• any use by Archive partners that is limited to educational purposes.

You agree that all content will be submitted electronically, including via email. You agree that Creative West may retain the content, and you release Creative West from any and all liability for any loss or damage thereto, regardless of cause. If the content, artwork, or any elements of the content or artwork are not original, novel, or valuable or are not copyrightable, or are in the public domain, then Creative West has the right to use such content, artwork, or any such elements, notwithstanding the terms and conditions of this agreement. You may not provide Creative West with any of the following materials:

• Any threatening, hateful, obscene, defamatory or any other material that could give rise to any civil or criminal liability under applicable law;
• Any material that is harmful to minors in any way;
• Any material that infringes rights of privacy or copyrights if copied, published, performed, or otherwise used without the permission of the owner of those rights; and
• Any material sent from an anonymous or false address or with a false header or that is harmful to the Archive’s coding, storage, servers and other infrastructure or facilities.

Creative West does not promise any particular level of security with respect to any electronic publication of your content, except that your content will be afforded the same level of security as is all content published as part of the Archive. You release Creative West from all claims related to any third-party infringement or misappropriation of the content you submit to Creative West.

If you are not a governmental or quasi-governmental entity, then:

This agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, without reference to its choice of laws rules;

• Any action or proceeding arising from or relating to this agreement shall be brought in a federal or state court in Denver, Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding; and
• If any legal action is brought by a party to this agreement to interpret or enforce this agreement, then the court shall award the prevailing party in such action its reasonable attorneys’ fees and related costs, in addition to any other relief it may receive.

If you are a governmental or quasi-governmental entity, then:

This agreement shall be governed by and interpreted in accordance with the laws of the state in which you are located without reference to its choice of laws rules;

Any action or proceeding arising from or relating to this agreement shall be brought only in the state courts of such state in the judicial district in which you are located under your laws and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding; and

If any legal action is brought by a party to this agreement to interpret or enforce this agreement, then the court shall award the prevailing party in such action its reasonable attorneys’ fees and related costs, in addition to any other relief it may receive.

In the event of any conflict between the terms of this Content Submission Agreement (without consideration of the Specific Terms of Use) and those of the Specific Terms of Use, then the terms of this Content Submission Agreement (without consideration of the Specific Terms of Use) shall control as the agreement of the parties with respect to the matter in conflict.